Tazewell County, Virginia, Wills: Daniel Day, 1838 Contributed for use in USGenWeb Archives by: Darrell Richard Lowe bigd4vt@adelphia.net ----------------------------------------------------------------------------- USGENWEB ARCHIVES NOTICE: All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities, when written permission is obtained from the contributor, so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/copyright.htm ------------------------------------------------------------------------------ Last Will and Testament of Daniel Day Book 2, Page 127 In the name of God amen, I Daniel Day of the County of Tazewell, being being sick & weak in body but of sound mind and disposing memory for which I thank God, and calling to mind the uncertainty of human life, and being desirous to dispose of all such worldly estate as it hath pleased God to help me with I give & bequeath in manner following, that is to say 1st I devise that after my decease that my executor herein after appointed to sell so much of my perishable estate as shall be sufficient to satisfy all my just debts and funeral expenses. 2nd after the payment of my just debts & funeral expenses I give unto my wife Christena all the rest of my perishable property and all my house & lands for and during her natural life. & after her decease I give the same to my children herein after mentioned as follows. 3rd I devise after the decease of my wife that the perishable property be equally divided between my 5 daughters that are yet with me so that they shall have as much property as the others of my daughters that have heretofore married. That is of the property that may be at the decease of my wife but if there should not be any property at her decease they are to have none. The daughters that are to receive my perishable property as aforesaid should there be sufficient to make them equal with those who have heretofore married are as follows. Lucy, Edy, Christena, Malinda & Isabella. 4th After the decease of my wife should there be more perishable property than will make the aforesaid 5 younger daughters equal with my daughters that are married then the balance is to be equally divided among all my daughters. 5th I give to my three youngest sons all my lands houses farms stables orchards and every thing that belongs to my freehold estate but that my wife to have the full & free proportion (?) of the same for & during her natural life & at her decease my sons as before mentioned are to have the same to them & their hiers forever. 6th I will at my decease that my executor pay my son James One Dollar out of the sale of my property. And lastly I do hereby constitute and appoint Henry Epperhart executor of this my last will and testament hereby revoking all other or former wills & testament by me heretofore made. In writing where of I have hereunto set my hand & affixed my seal this 13th day of April 1835. Signed sealed published & declared by Daniel Day as for his last will and testament in the presence & hearing of us who at his request& in his presence have subscribed ourselves as witnesses. Daniel Day (seal) E.G. Harman John Harman Randol Holbrook Virginia In the County Court of Tazewell Jan. 2nd 1839 This the last will and testament of Daniel Day decd. Was found according to law by the oaths of Erastus G. Harman and Randolph Holbrook, two of the subscribing witnesses thereto and ordered to be recorded. Teste Geo. W.G. Browne ************************************************************ Transcribed by Darrell Richard Lowe on 08 JUN 2004. It is highly recommended that you verify the accuracy of this record as mistakes can occur in the transcription process.